Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Proceedings of the convention._--The Lords spiritual and temporal, to
the number of about ninety, and an assembly of all who had sat in any
of King Charles's parliaments, with the lord mayor and fifty of the
common council, requested the Prince of Orange to take upon him the
administration after the king's second flight, and to issue writs for
a convention in the usual manner.[143] This was on the 26th of
December; and the convention met on the 22nd of January. Their first
care was to address the prince to take the administration of affairs
and disposal of the revenue into his hands, in order to give a kind of
parliamentary sanction to the power he already exercised. On the 28th
of January the Commons, after a debate in which the friends of the
late king made but a faint opposition, came to their great vote: That
King James II., having endeavoured to subvert the constitution of this
kingdom, by breaking the original contract between king and people,
and by the advice of jesuits and other wicked persons having violated
the fundamental laws, and having withdrawn himself out of the kingdom,
has abdicated the government, and that the throne is thereby vacant.
They resolved unanimously the next day, that it hath been found by
experience inconsistent with the safety and welfare of this protestant
kingdom to be governed by a popish prince.[144] This vote was a
remarkable triumph of the whig party, who had contended for the
exclusion bill; and, on account of that endeavour to establish a
principle which no one was now found to controvert, had been subjected
to all the insults and reproaches of the opposite faction. The Lords
agreed with equal unanimity to this vote; which, though it was
expressed only as an abstract proposition, led by a practical
inference to the whole change that the whigs had in view. But upon the
former resolution several important divisions took place. The first
question put, in order to save a nominal allegiance to the late king,
was, whether a regency with the administration of regal power under
the style of King James II. during the life of the said King James, be
the best and safest way to preserve the protestant religion and the
laws of this kingdom? This was supported both by those peers who
really meant to exclude the king from the enjoyment of power, such as
Nottingham, its great promoter, and by those who, like Clarendon, were
anxious for his return upon terms of security for their religion and
liberty. The motion was lost by fifty-one to forty-nine; and this
seems to have virtually decided, in the judgment of the house, that
James had lost the throne.[145] The Lords then resolved that there
was an original contract between the king and people, by fifty-five to
forty-six; a position that seems rather too theoretical, yet necessary
at that time, as denying the divine origin of monarchy, from which its
absolute and indefeasible authority had been plausibly derived. They
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